Bhushan Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77625 of 2024 Arising Out of PS. Case No.-344 Year-2024 Thana- RANIGANJ District- Araria ====================================================== 1.
Bhushan Mandal Son of Late Kallu Mandal Resident of Village - Parihari Ward No. 07, P.S. - Raniganj, District - Araria 2.
Maniya Devi Wife of Bhushan Mandal Resident of Village - Parihari Ward No. 07, P.S. - Raniganj, District - Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-11-2024 Heard the parties.
2. The petitioners are in custody in connection with Raniganj P.S. Case No. 344 of 2024 for the offence punishable under Sections 80/61(2) of the B.N.S Act lodged on 29.07.2024 by the informant, Biren Mandal.
3. As per the prosecution story, the informant alleged that his daughter was married to Mitan Mandal but was tortured for dowry and on 26.07.2024, came to know about her killing by the accused persons. This led to the FIR.
4. Learned counsel for the petitioners submit that they are aged father-in-law and mother-in-law, living separately, had no role to play in the matter but only because the relationship
Patna High Court CR. MISC. No.77625 of 2024(2) dt.11-11-2024 2/3 got implicated. Further, the husband is already in judicial custody since 02.08.2024 (paragraph-13 of the petition).
5. Learned APP opposes the prayer for bail.
6. Taking into account the submissions put forwarded by the parties as also the fact that the husband is in custody, the petitioners having been made accused, will be facing the trial, both do not have any criminal antecedent and are in custody since 02.08.2024 (paragraph-15 of the petition), this Court is inclined to extend them the privilege of bail with conditions.
7. Let the petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned ACJM-Ist, Araria, in connection with Raniganj P.S. Case No. 344 of 2024 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioners shall in no way try to induce or
Patna High Court CR. MISC. No.77625 of 2024(2) dt.11-11-2024 3/3 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Adnan/- U T